Showing posts with label husband's property. Show all posts
Showing posts with label husband's property. Show all posts

Thursday, 17 September 2015

Whether Widow who remarries loses rights over late husband's property?

Section 14(1) categorically states that any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, shall be held by her as full owner thereof and not as a limited owner. The explanation to section 14(1) clarifies that property includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever etc. We do not find any provision in Hindu Succession Act, 1956 in pari materia with section 2 of the Hindu Widows' Re-Marriage Act, 1856. In other words, there is no provision that disqualifies a widow of a male Hindu from inheriting from her husband if she remarries, after his death.

Bombay High Court


Sanjay Purshottam Patankar vs Smt. Prajakta Pramod Patil on 25 June, 2015

CORAM: V.M. KANADE & B.P. COLABAWALLA JJ. 

PRONOUNCED ON : 25TH JUNE, 2015 

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